Progress Report Health Safety Reforms Feb 2013

7/29/2019 Progress Report Health Safety Reforms Feb 2013

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A progress report on

implementation of health

and safety reforms

February 2013


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A progress report on implementation of health and safety reforms February 2013

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Foreword by Minister for Employment

Since taking office as the Minister for Employment I have been struck by the impact

health and safety issues can have on the lives of individuals and businesses across

the UK. As a society when we get this right it can act as an enabler as demonstrated

by the successful building and delivery of the London Olympics and Paralympics

Games. However, we do not always get it right as evidenced by the frequent stories

of a risk averse or bureaucratic approach to managing trivial or remote risks or the

way in which health and safety is used as a catch-all justification for unpopular

decisions.

There are real signs of change in the right direction. I am particularly encouraged by

the positive endorsement given by Professor Lfstedt in his independent One-Year-

On assessment of the Governments progress with health and safety reform,

published today on the DWP website. Achievements to date include;

Proposals to streamline HSE's Approved Codes of Practice, which would seesix simplified Codes, a further six withdrawn through consolidation and threewithdrawn outright.

Seven sets of obsolete or redundant health and safety regulations have alreadybeen revoked, with a further 13 on track for revocation in April 2013.

A whole new package of guidance for small businesses to really make basiccompliance with health and safety law as simple and straightforward aspossible. This includes Health and Safety Made Simple and in September 2012the Health and Safety Toolbox which together have had over 700,000 visitorssince they were launched.

The Enterprise and Regulatory Reform (ERR) Bill currently before parliament

contains clauses to strengthen the Primary Authority scheme, to reduce burdenson business by ensuring greater consistency of inspection and enforcement formulti-site organisations.

Clauses in the ERR Bill are also amending the Health and Safety at Work Act1974 so that in future, unless the legislation provides for an exception, it will onlybe possible to bring a claim for compensation in respect of a breach of health andsafety legislation where it can be proved the employer has been negligent. Thisis fairer, ensuring employers will have the opportunity to defend themselves onthe basis of having taken all reasonable precautions.

The HSEs Myth Busters Challenge Panel is providing a mechanism for anyone companies, organisations and individuals to challenge claims made about


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health and safety requirements they believe to be disproportionate or inaccurateand has considered over a 100 cases of over-zealous application of the law.

Of Lord Young's Common Sense, Common Safety recommendations, 23 of 35

have already been met, with a further five due for completion during 2013. Therest are ongoing or require legislation.

But there is still a lot more to do. We need to implement the remaining measures in

both reports as well as continue to identify areas where further reforms are needed to

create a modern, simplified, risk-based framework for health and safety in Great

Britain. This will enable business to concentrate on only those health and safety

measures which really matter, removing uncertainty and unnecessary cost and

allowing them to innovate and create employment.

Looking ahead, the forthcoming European Union (EU) Commission Review of healthand safety law provides an important opportunity to take stock of the existing body ofEU law and regulation so that we can both identify those measures which areproportionate, risk based and necessary but also those which are over-detailed,outdated or indeed deliver no clear benefit. The UK Government is well placed toplay an important role in this process with the full involvement of its stakeholders.

This report sets out what we have achieved so far and I commend it to you.

Mark Hoban MP

Minister for Employment


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Contents

Background 6

Progress on implementation

The Lfstedt Review .8

Common Sense, Common Safety..18


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6

Background

In June 2010 the Prime Minister asked Lord Young of Graffham to investigate and

report back on the rise of the compensation culture over the last decade coupled with

the current low standing that health and safety legislation now enjoys and to suggest

solutions1. Lord Youngs findings, and his recommendations for change, were

published in October 2010 in his report Common Sense, Common Safety.

The recommendations covered a wide range of issues including legislation,

enforcement, the role of insurers and compensation claims procedures. The review

recommended a general consolidation of health and safety regulations, which formed

part of the remit of Professor Lfstedts review.

The Government accepted Lord Youngs report and recommendations in full. At the

Prime Ministers request, in February 2011 the Minister for Employment took overall

lead on implementation, ensuring robust plans for delivery are in place, and

overseeing progress. Since March 2011 DWP has published regular updates

detailing the progress that has been made in delivering Lord Youngs

recommendations, and to date 23 of 35 of those recommendations have been

implemented, with most outstanding recommendations requiring primary legislation

due in the next session.

Further significant reforms were announced by the Minister for Employment on 21

March 2011, with the publication of Good Health and Safety, Good for Everyone2.

The announcement took forward some of Lord Youngs recommendations, notably

launching the Occupational Safety and Health Consultants Register (OSCHR),

providing access to good quality, sensible and proportionate health and safety advice

for employers who need external help. It also set out major changes to the

enforcement regime, refocusing inspection activity on higher risk areas and away

from lower risk businesses who manage their responsibilities effectively.

On the 28th November the Department of Work and Pensions (DWP) published a

report by Professor Ragnar Lofstedt, Reclaiming health and safety for all: An

independent Review of health and safety legislation, which made recommendations

for the fundamental overhaul of the UK health and safety regulatory system. Thegovernment accepted the recommendations of the report in full and as a result by

2014, 50% of health and safety legislation will have been reviewed, scrapped or

improved.

1Common Sense Common Safety. Annex A: Terms of reference. http://www.dwp.gov.uk/policy/health-

and-safety/#common

2Good health and safety, good for everyone: www.dwp.gov.uk/docs/good-health-and-safety.pdf
http://www.dwp.gov.uk/policy/health-and-safety/#commonhttp://www.dwp.gov.uk/policy/health-and-safety/#commonhttp://www.dwp.gov.uk/docs/good-health-and-safety.pdfhttp://www.dwp.gov.uk/docs/good-health-and-safety.pdfhttp://www.dwp.gov.uk/policy/health-and-safety/#commonhttp://www.dwp.gov.uk/policy/health-and-safety/#common


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Progress with implementation of LofstedtRecommendations

The next section of this report records progress with the implementation of

recommendations in Professor Lfstedts report.

It is arranged into six sections to reflect the areas identified by Professor Lfstedt as

necessary for the reform of health and safety legislation in Great Britain.

There is summary of progress made in each area including the intended final

completion date for the work. For ease of reading some of the recommendations

have been abridged

Professor Ragnar Lfstedts report containing the recommendations in full can befound at http://www.dwp.gov.uk/docs/lofstedt-report.pdf.

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Lfstedt Progress Report January 2013

The scope of health and safety legislation

Recommendation Progress End Date

Exempting from healthand safety law thoseself-employed whosework activities pose

no potential risk ofharm to others?

Consultation on proposals to achieve thisrecommendation ran from 2 August to 28October 2012. Over 170 responses werereceived and are being analysed. The findings

will be considered by the HSE Board in early2013..

End 2013

The application of health and safety legislation


To revokeunnecessary orredundant regulationsto produce a simplerregulatory framework.

Details of planned revocations are set out inthe later section of this report entitledSimplifying the regulatory framework.

April 2013

HSE amends theHealth and Safety(First Aid)Regulations 1981 toremove the

requirement for HSEto approve the trainingand qualifications ofappointed first-aidpersonnel

HSE published revised guidance on its website

at the end of May 2012 to clarify for small

businesses the requirements relating to first aid

provision in the workplace.

Two online surveys in 2012, one aimed atemployers and the other for the self employed

generated 1150 responses.

In addition HSE held discussions with key

stakeholders prior to the public consultation

which commenced on 22 October. This

consultation ended on 3 December and

received 407 responses which will be used to

inform final proposals.

We expect proposals to be considered by theHSE Board and Minister in early 2013

October 2013

(having not

been included

in the

Enterprise and

Regulatory

Reform Bill

HSE is now

planning to

deliver this

change by

October 2013)

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HSE complete theevaluation of the

effectiveness of theConstruction(Design &Management)Regulations 2007 &the associatedApproved Code ofPractice (ACOP) byApril 2012 to ensurethere is clearerexpression of duties,

reduction ofbureaucracy &appropriate guidancefor small projects.

An independent evaluation of the Construction(Design and Management) Regulations 2007

has been published by the HSE. The evidenceprovided will support policy development in thisarea. Industry will be fully consulted before anychanges are made.

April 2012

Met

Reporting ofInjuries, Diseases &DangerousOccurrencesRegulations 1995 &its associated

guidance should beamended by the endof 2013 to provideclarity for businesseson how to comply withrequirements

Legislative change to RIDDOR made on 6 April2012 to extend to seven days (from three) theperiod an employee has been unable to carryout normal work duties before an injury oraccident at work needs to be reported (aCommon Sense Common Safety commitment

supported by Lfstedt).

HSE consultation on further amendments toRIDDOR ran from 2 August to 28 October2012. The findings will be considered by theHSE Board in early 2013.

October 2013

HSE to clarify therequirement forportable appliancetesting (includingthrough changes tothe wording of theElectricity at WorkRegulations 1989 ifnecessary) by April2012 to stop over-compliance andensure messages onover compliancereach all appropriate

stakeholder groups

Discussions with stakeholders indicated that achange to the Electricity at Work Regulations1989 was not necessary in order to clarify therequirements for portable appliance testing butthat new guidance would be welcomed.

The new guidance on Portable ApplianceTesting was published on 30 April 2012,replacing two previous sets of guidance(www.hse.gov.uk/pubns/indg236.pdf ). Thismakes it clear that it is a myth that all portableelectrical appliances in a low-risk environment,such as an office, need to have a portableappliance test (PAT) every year. HSEestimated that UK offices are potentiallywasting up to 30million a year on portableappliance testing. The new guidance has been

April 2012

Met

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welcomed by business and other stakeholders.

Following the launch of the guidance, the PATnews story was picked up by more than 40

national and local press organisations including

an article on the BBCs website. The story

continues to receive publicity and between May

and December 2012, the refreshed guidance

has attracted 89,567 downloads. This

compares with 27,947 downloads of the

original guidance during the same period in

2011.

Since publication HSE has worked with otherson getting the message across to a wideaudience and ensuring that guidance isavailable for all environments.

Work at HeightRegulations 2005 andthe associatedguidance should bereviewed by April2013 to ensure that

they do not lead topeople going beyondwhat is eitherproportionate orbeyond what thelegislation wasoriginally intended tocover.

As part of this review HSE sought views

from a wide and diverse range of businesses

and other stakeholders including trade

associations and worker representatives.

This identified that problems arise

from misinterpretation of the requirements of

Regulations, rather than the Regulationsthemselves, and this is leading some to go

beyond what the legislation intended.

HSE is currently engaging businesses and

stakeholders (particularly micro and small

businesses) in a review of current work at

height guidance, the aim being to publish

revised, much simplified and clearer guidance

to help people understand what the law

requires & dispel some of the myths aboutworking at height.

April 2013

HSE should continueto help businessesunderstand what isreasonablypracticable forspecific activitieswhere the evidencedemonstrates that

they need furtheradvice to comply withthe law in a

The new Health and Safety Toolbox which

builds on the basics laid out in Health and

Safety Made Simple and provides the next

level of advice to help businesses identify,

assess and control common risks in the

workplace was launched on the HSE web site

on 5 September 2012. Judith Hackitt formally

launched the Toolbox on 2 November 2012.

From 5 September to 31 December 2012 there

has been over 75,000 separate visitors to the

Autumn 2012

Met

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proportionate way. Toolbox.

HSE has a major programme underway toreview and revise most of its guidance. This isintended to help small businesses understandwhat is "reasonably practicable" for specificactivities. Much of this new guidance will beavailable by the end of the 2012/13 financialyear.

HSE should review allits Approved Codes ofPractice (ACOPs).

The initial phase ofthe review should becompleted by June2012 so businesseshave certainty aboutwhat is planned andwhen changes can beanticipated.

A consultation on ACOPs was launched inJune 2012 and closed in September 2012.There were 413 responses. Views were

sought on proposals for the revision,consolidation or withdrawal of 15 ACOPs to bedelivered by end-2013. There were alsoproposals for minor revisions, or no changes, toa further 15 ACOPs for delivery by 2014.

If all proposals are agreed by end-2013 HSEwill have published 6 revised ACOPs, removed6 by consolidation and withdrawn 3 outright,one of which would be the ManagementRegulations ACOP.

Theoutcome of the consultation wasconsidered by the HSE Board in December2012 and the proposed revisions andconsolidations agreed. The three proposedwithdrawals are to be considered at futuremeetings.

There will be further consultations on revisedACOPs before they are approved and

published.

The above timetable excludes those ACOPs

associated with regulations within scope of the

Lfstedt recommendation for sector specific

consolidation or any regulations to be

otherwise amended.

November2013

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Engaging with the EU


That the Governmentworks more closelywith the Commissionand others,particularly during theplanned review in2013, to ensure thatboth new and existingEU health and safetylegislation is risk-based and evidence-based.

HSE, DWP and FCO officials have worked with

colleagues from Germany, the Netherlands and

other member states (MS) to raise awareness

of the implications of a sectoral social dialogue

agreement on the protection of OSH in the

personal services (hairdressing) sector. The

agreement has been submitted to the

European Commission for presentation to the

Council for implementation by Council decision.

Ministers from nine MS (including the UK) and

Croatia have written to the Commission

suggesting that a directive would be a

disproportionate response and that it should be

implemented as a non-binding Autonomous

Agreement instead.

HSE, BIS and FCO officials have lobbied the

Commission and other MS to raise awareness

of the impact, especially on small and micro-

businesses, of a draft Commission proposal for

a directive on ergonomics. Working in particular

with the SME Envoy network, officials have

drawn the Commission's attention to a number

of problems with the draft proposal and the

Commission is reconsidering whether a

directive is an appropriate response to the risks

of musculoskeletal disorders.

HSE is in the process of preparing the reporton the UKs practical implementation of EUOSH directives during 2007-2012. The report,which is due with the Commission by 31December 2013, will feed into theCommissions forthcoming comprehensivereview of EU OSH legislation.

Ongoing

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Simplifying the regulatory framework


To revokeunnecessary orredundantregulations toproduce a simplerregulatoryframework.

The report contains recommendations for a numberof regulations to be revoked following a suitableconsultation process. HSE has identified someadditional measures for revocation.

The revocation of the first set of seven statutoryinstruments identified as being redundant orovertaken by more up-to-date legislation came in to

force on 1 October 2012.

A second consultation on a package of 14legislative measures proposed for revocation ranbetween 3 April and 4 July 2012. Responses havebeen analysed and presented to the HSE Board.The proposals were included in the DWP/HSEStatement of New Regulation. HSE is ontrack toremove thirteen of these measures in April2013. One further Regulation is still underconsideration.

April 2013

October 2012Met

That HSEundertakes aprogramme ofsector-specificconsolidations.

HSE is currently reviewing existing legislation (forBiocides, Petroleum, Mining, Explosives andGenetically Modified Organisms). HSE is engagingwith industry stakeholders, considering options andwill develop draft regulatory packages in duecourse.

A consultation on Biocidal Products began on 20December 2012.

2014

That HSE shouldredesign theinformation on itswebsite todistinguish betweenthe regulations thatimpose specificduties onbusinesses andthose that defineadministrativerequirements or

revoke/amendearlier regulations.

The review of the health and safety legislationpages on the HSE website has been completed.Revised and updated web pages were publishedon the website on 31 December 2012.(http://www.hse.gov.uk/legislation/index.htm)

Redesigned web pages now make it clear whereregulations impose specific duties and where theydefine administrative requirements.(http://www.hse.gov.uk/legislation/statinstruments.htm)

The web pages will be kept under review. HSEwill monitor usage and seek feedback from users tomake improvements.

December2012Met

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That HSEcommissions

research to helpdecide if the coreset of health andsafety regulationscould beconsolidated insuch a way thatwould provideclarity and savingsfor businesses.

Research commissioned in January 2012.

Research published on 31st December 2012.(www.hse.gov.uk/legislation/consolidation-of-regulations.htm)

The reports findings were discussed at astakeholder meeting in January 2013 and will nowbe considered by the HSE Board..

January 2012

Met

The enforcement of health and safety regulations


That HSE :

i) be given theauthority to direct all

local authorityhealth and safetyinspection andenforcement activity,in order to ensure thatit is consistent andtargeted towards themost riskyworkplaces.

ii) should also be the

Primary Authority formulti-site nationalorganisations

i) On 21 December 2012 HSE opened a publicconsultation on a National Local AuthorityEnforcement Code, designed to ensure that LAhealth and safety regulators take a more

consistent, targeted and proportionateapproach to enforcement. We hope to launchthe Code in April 2013.

ii) Legislation to strengthen the PrimaryAuthority (PA) scheme is being progressed byBIS and is currently under scrutiny in theHouse of Lords as part of the Enterprise andRegulatory Reform Bill. HSE is working withthe Better Regulation Delivery Office (BRDO)to ensure the schemedelivers the reductions in

burdens and increased consistency in line withnational HSE policy. In particular HSE issharing its experience of working with multi-siteorganisations to assist both the development ofinspection plans and the PA scheme itself.

April 2013

That all those involvedshould work togetherwith the aim ofcommencing healthand safetyprosecutions withinthree years of an

This recommendation goes wider than justHSE and it involves multiple agencies such asthe police, Crown Prosecution Service, localauthorities and coroners. It will primarily betaken forward through the National LiaisonCommittee (NLC) for the Work-related DeathsProtocol (WRDP). The NLC have recentlyagreed that an evidence based review of the

April 2013

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incident occurring. efficacy of the WRDP be undertaken and reportback at its May 2013 meeting. That work is to

start imminently. This review will includegathering data, where available, onorganisational performance. A subgroup of theNLC organisations, sponsored by the Directorof Public Prosecutions, is closely examining indetail how the main organisations involved inwork-related deaths can better work together tospeed up investigations and prosecutiondecisions. All organisations are mindful ofworking together to aim to achieve a 3 yeartarget for all health and safety prosecution

cases.

For HSE, a snapshot of the last three completework-years, 100% of non-fatal prosecutionswere approved for prosecution within 3 years ofthe incident date (where the approval date isheld on our systems). Work is currentlyongoing to establish the figure for fatalaccidents.

That the intention ofthe pre-actionprotocols standarddisclosure list isclarified and restated(This work is beingtaken forward by theMinistry of Justice)

The Pre-Action Protocol working party of theCivil Justice Council (an independentbody established under the Civil Procedure Act1997, which the Master of the Rolls has givenresponsibility for preparing and reviewing Pre-Action Protocols), has considered thisrecommendation as part of its revision of thePersonal Injury Pre-Action Protocol. It hassubmitted a revised draft Protocol, which doesnot contain the Standard Disclosure list, to theCivil Procedure Rule Committee (the CPRC).

The CPRC was to provide comments to theCJC working party by the end of December2012. The draft Protocol is to be revised in thelight of any comments received and thensubmitted to the Master of the Rolls, who isresponsible for approving Pre-Action Protocols.If the Master of the Rolls is content with therevised draft of the Protocol it will come intoforce on 1 April 2013.

2014

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That regulatoryprovisions that impose

strict liability shouldbe reviewed andeither qualified withreasonablypracticable wherestrict liability is notabsolutely necessaryor amended toprevent civil liabilityfrom attaching to abreach of those

provisions.

An amendment to the Health and Safety atWork etc Act 1974 (HSWA) has been adopted

as the way to address the recommendation.

An approach to targeting each strict liabilityduty would be much more complex to achieverequiring a large number of changes to manysets of regulations.

A single change to the HSWA achieves thesame overall policy objective and will besignificantly easier for employers and otherstakeholders to understand. It also provides a

consistent approach to civil litigation acrosshealth and safety legislation. It is thereforelikely to have more impact in changingperceptions of the 'compensation culture'.

The amendment is currently under scrutiny inthe House of Lords as part of the Enterpriseand Regulatory Reform Bill.

Reviewcompleted by

June 2013

That the House ofLords be invited to

consider discussinghow to engagesociety on risk.

Meeting have taken place with members of theHouse of Lords to discuss how to take this

recommendation forward.

2014

That the Governmentasks the ChiefScientific Advisor toconvene an expertgroup aimed ataddressing the samechallenge of engagingsociety in adiscussion aboutrisk.

This recommendation, along with the need forany further initiatives, is currently beingconsidered by the Government Chief ScientificAdviser, who will also review the other recent,current and upcoming activity in this field.

2014

Additional measures -

The following additional measures were included in the report but were not

formal recommendations.

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Challenge panels-that the Government

looks at introducing achallenge mechanismthat allows for casesof incorrect, over-application of healthand safety legislationto be addressed.

Two independent challenge panels have beenestablished:

The Independent Regulatory Challenge Panellooks at complaints from businesses aboutdecisions made by HSE or local authorityinspectors. To date, only one case has beensubmitted to the panel. The summary of thiscase is available on the HSE website.www.hse.gov.uk/contact/challenge-panel-findings.htm. Cases are expected to gothrough the usual complaints proceduresbefore they are referred to this panel.

The Myth Busters Challenge Panel looks atcomplaints regarding advice from non-regulators such as insurance companies,health and safety consultants, employers andgeneral advice where the term health andsafety has been used. To date over 100 caseshave been considered and their responsespublished on the HSE website at:www.hse.gov.uk/myth/myth-busting/index.htm

The panels are helping to tackle misreporting ofhealth and safety matters and there is evidenceof a decline in the number of negative storiesappearing in the press.

January 2012for the

IndependentRegulatoryChallengePanel.

Met

April 2012 forthe MythBustersChallengePanel

Met

Increased awarenessof INDG420 Gettingspecialist help withhealth and safety.

Revised guidance was published on the HSEweb site in January 2012.

January 2012

Met

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Progress in implementing the recommendations in

Common Sense, Common Safety

The Common Sense Common Safety recommendations are progressing rapidly with

contributing departments supplying clear timescales for completion. The report made

a total of 35 recommendations of which 23 have already been fully implemented (12

of these directly impacted on small businesses).

RECOMMENDATION Low hazard workplaces

1. Simplify risk

assessment procedures

2. Develop periodic

checklists

3. Develop voluntary

organisation checklists

4. Risk assessment

exemptions for low

hazard homeworking

5. Risk assessment

exemptions for low

hazard self employed

working

6. Professionalise health

and safety consultants

7. Health & safety

consultants register

8. Health & safety

guidance for lower risk

SMEs

HSE has published a number of web based tools to assist

low hazard workplaces to check their compliance with health

and safety legislation. In March 2011 Health and SafetyMade Simple was published, to make it easier for small

businesses to understand their responsibilities. There been

over 646,000 visitors to the Health and Safety Made Simple

website. At the end of August 2011 guidance was published

on the application of health and safety legislation to

homeworkers which was produced jointly with the British

Chamber of Commerce.

The Occupational Safety and Health Consultants Register

was launched on 21 March 2011, providing a source ofqualified health and safety advice for businesses that require

external support. At 31 December 2012 it has over 2,200

registered consultants.

9. Consolidate healthand safety regulations

In March 2011, Professor Ragnar Lfstedt, Director of theKings Centre for Risk Management at Kings CollegeLondon, conducted an independent review of health andsafety regulations to identify opportunities to simplify therules. His report was published in November 2011 and theGovernment accepted all of his recommendations.

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10. EU health and safety:UK/Member State co-operations (HSE)

In addition to the activities reported against the Lfstedt

reports recommendation on the European Union, the

following actions have been progressed.

The European Commission (EC) is analysing arecommendation from its High Level Group of IndependentStakeholders on Administrative Burdens that low risk smallfirms be exempted from certain risk assessmentrequirements. The costs and benefits of the recommendationhave been considered by a contractor, which has submitteda report to the Commission.

Negotiations in Council and in the European Parliament on aproposal for a directive on the risks from electromagnetic

fields have progressed during 2012. United Kingdom officialscontinue to argue for a proportionate approach

11. Extending the periodbefore an injury oraccident needs to bereported to seven days.

Following consultation the HSE Board recommended to theMinister that the changes be made to the regulations(RIDDOR) and the Minister has accepted this. Changescame into effect in April 2012.

12. Review the operationof RIDDOR

HSE will take forward the second proposal to re-examine theoperation of RIDDOR as a whole via a public consultation onproposals to simplify and clarify the reporting requirements.

13. Improving the healthand safety system multi-site businesses(BIS)

Legislation to strengthen and extend the Primary Authority(PA) scheme is being progressed by BIS and is currentlyunder scrutiny in the House of Lords as part of the Enterpriseand Regulatory Reform Bill. HSE is currently workingwith BRDO and Local Authorities to improve the efficacy ofPrimary Authority partnerships in delivering their objectivesand to develop a sector intervention strategy for health andsafety to inform inspection plans developed as part of thisproposal.

RECOMMMENDATION Police and Fire Services

14. Police officers/firefighters guidance

Building on the statement issued by HSE that they will notinvestigate or prosecute individual firefighters who undertakea heroic act, new guidance jointly produced by HSE and theAssociation of Chief Police Officers (ACPO) has also beenpublished. The guidance makes it clear that, whilst HSEinspectors may need to investigate serious accidents, theywill not collect evidence to use against individual policeofficers who have undertaken a heroic act. The CrownProsecution Service (CPS) has already issued its own

guidance to their lawyers in support of this position.

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RECOMMENDATION

15. Abolition of theAALA`

The Minister is reconsidering the future arrangements forAALA.

RECOMMENDATION Civil compensation claims

16. Personal injury

claims introduce

simplified procedure

17. Personal injury

claims options for

extending upper claims

limit to 25k

In its response to the consultation Solving disputes in the

county courts (published on 9 February 2012), the

Government announced that the Road Traffic Accident

Personal Injury Protocol would be extended to include cases

up to 25,000 (currently 10,000) and also employers and

public liability accident claims up to 25,000. The Ministry of

Justice is now considering the timing for implementation of

the extended scheme.

18. Introduce Jacksonrecommendations

The Government is implementing the primary

recommendations contained in Lord Justice Jacksons

Review of Civil Litigation Costs. These include a fundamental

reform of no win no fee conditional fee agreements (CFAs)

and a ban on the payment and receipt of referral fees in

personal injury cases. Implementation will be in April 2013through provisions in part two of the Legal Aid, Sentencing

and Punishment of Offenders (LASPO) Act 2012

RECOMMENDATION Compensation culture

19. Clarify liabilityconsequences of well-intentioned voluntaryacts

The Department for Transport (assisted by the Ministry ofJustice) published guidance in October 2010 clarifying theposition on snow clearance. The Ministry of Justice hascommitted to work with relevant Government Departments toprovide further advice to the public when appropriate, for

example in response to extreme weather conditions

20. Restrict operation ofreferral agencies/personal injury lawyers

The MoJ is responsible for the regulation of Claims

Management Companies (CMCs) in England and Wales. A

full ban on the offering of financial rewards or similar benefits

as an inducement to make a claim by regulated Claims

Management Companies (CMCs) will be brought into force in

April 2013. The ban will apply to all regulated CMCs and any

found to be breach of the rules face formal enforcement

action. This could result in the variation, suspension or

cancellation of authorisation to provide regulated claimsmanagement services.

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The Legal Aid, Sentencing and Punishment of Offenders Act

2012 also bans referral fees in personal injury cases, which

will help to tackle the perception of a compensation culture,

as lawyers and claim management companies will no longer

be able to pay for details of potential claimants. Taken with

wider changes to the Road Traffic Accident (RTA) claims

process, the ban will reduce the amount of money in the

system which encourages claims and contributes to high

costs.

The date for implementation of this ban is April 2013.

RECOMMENDATION Education

21. Simplify processes

for taking schoolchildrenon trips

22. Introduce singleconsent form for everypupil

23. Shift from a riskassessment to riskbenefit system (HSE)

In the education sector, the revised health and safety

guidance for schools and the generic consent form werelaunched in early July 11, along with the HSE High LevelStatement on the application of health and safety law toschool trips. This package of measures delivers a keyobjective in the governments health and safety reformagenda, stressing the benefit of extracurricular activities topupils development, debunking myths about perceivedbarriers to such activities, and giving assurances to teachersover unfounded fears of prosecution in clear and simplelanguage.

HSE has agreed with stakeholders (the Play Safety Forum) ajoint statement on striking a balanced approachwhen managing risk in play . This has now been publishedhttp://www.hse.gov.uk/entertainment/childrens-play-july-2012.pdf-

RECOMMENDATIONS Challenging official decisions

24. Officials to give

reasons for banningevents on health andsafety grounds

25. Challenging officialsdecisions/refusals

26. Referring unfairdecisions to theOmbudsman

Action on the three recommendations has been included in

Part 2 Reinvigorating local accountability, democracy andparticipation - of DCLG's published Structural Reform Plan.

A legislative vehicle is being identified to take this work

forward.

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27. Insurance companiesto stop requiring lowhazard companies toemploy h & s consultants

28. Only qualifiedconsultants to beemployed

29. Insurance companiesto draw up h&s code ofpractice

The Association of British Insurers (ABI) published guidance Health & Safety for Business and the Voluntary Sectorwhich deals with concerns that businesses operating in lowhazard environments can be required by insurers to employ

consultants to carry out full health and safety riskassessment and will help ensure that only qualifiedconsultants are used. The guidance can be found at on theABI website at http://www.abi.org.uk/.

RECOMMENDATION Food Safety

30. Combine food safetyand health & safety

inspections in local

authorities

A joint Food Standards Agency (FSA)/HSE/LocalGovernment Regulation statement on implementing

combined inspection programmes from 1 April 2011 has

been agreed and was issued to local authorities in England

on 4 February 2011.

The statement is published on the FSA website at:http://www.food.gov.uk/archived/enforcementarchive/enf/e/11

31. Mandatory local

authority

participation in theFood Hygiene

Rating Scheme

(FHRS)

FHRS is now operating in 93% of local authorities in England(302 of 326) and this figure is set to rise to 99% by earlysummer (there is national coverage in Wales and there willbe also in Northern Ireland very shortly).

Only three authorities have yet to commit to the scheme the Royal Borough of Greenwich, Rutland County Counciland Tendring District Council.

32. Promote usage of

the FHRS by

consumers.

The FSA is implementing a national programme of consumer

communication activity to promote use of the FHRS. A

campaign, using a variety of media, will go live in time for

Valentines Day.

The Agency will also be engaging with relevant partners to

promote the ratings information and will be making a range ofassets available to them and to local authorities to enable

them to participate in the campaign and beyond.

33. Encourage voluntary

display of ratings,

but review after 12

months and, if

necessary, make

display compulsory

Work to assess the impact of compulsory display of rating inEngland is still at a preliminary stage.

In Wales, the National Assembly will debate the FoodHygiene Rating (Wales) Bill on 22January. If the Billbecomes law, the requirement to display ratings at premises

is likely to come into effect at the end of 2013.As nation-wide local authority uptake in Northern Ireland willbe completed shortly, the FSA has completed a preliminary

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assessment of the impact of introducing parallel legislationthere. Views and comments will be sought though a publicconsultation that is due to run from February to April.

34. Published ratings

online in an open

and standardised

way

FHRS data has now been published at

www.food.gov.uk/ratings on nearly 370,000 food businesses

in England, Wales and Northern Ireland, an estimated 73%

of those that fall within the schemes scope.

35. Open the delivery of

inspections to

accredited

certification bodies

This forms part of the FSAs work to implement Business

Earned Recognition approaches that will enable accredited

third party inspections to be taken into account within the

food and feed control system. Earned Recognition is most

advanced within the milk holding and primary production

sectors, where independent third party accreditation

schemes that incorporate the legislative requirements arewell established operationally.

Adoption by all local authorities in England of the FHRS is

needed to precede any attempts to open up inspections to

accredited certification bodies within the catering and retail

sectors. As this is now close to being achieved, the work is

being scoped out.

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Progress Report Health Safety Reforms Feb 2013

Documents

Transcript of Progress Report Health Safety Reforms Feb 2013